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DEPARTMENT OF LABOR
CONNECTICUT STATE BOARD OF LABOR RELATIONS
In the matter of
BOARD OF TRUSTEES FOR
COMMUNITY-TECBNICALCOLLEGES Decision No. 2901
-and- '
FEDERATION OF TEXXNICAL COILEGE March 22, 1991.
~C=, LCCAL 1942, AFT, CSFT,
AFL-CIO
Case No. SDR-13,344
APPEARANCES:
Jay E. Bovilsky, Esq.
for the Board of Trustees
Brian Doyle, Esq.
for the Union
DECISI(=NANDDWLWWt0 RYRULING
DECLARA'K)RY RULING
By virtue of and pursuant to the powers vested in the Connecticut State
Board of Labor Relations by the Act Concerning Collective Bargaining for
State Employees and by Connecticut General Statutes Section 4-176, the Board
hereby issues this declaratory ruling:
Issue No. 1. References throughout the Agreement to a Day Divisions
or an Evening Division. Such references refer to a mandatory subject
of bargaining but may not restrict the institution in its right to
restructure.
Issues 2-4 were withdrawn by the parties.
Issue 5. Article 5 (Academic Freedom and Responsibilities)
Preamble:
"The Board shall continue to uphold and discharge its
constitutional duty to protect the interest of the public in the
academic freedom of the public academy."
This article is a nonmandatory subject of bargaining.
Issue 6. Article 5 (Academic Freedom and Responsibilities)
Section S.la:
"TO this end the Board shall insure: a. That each student's right
to learn shall be protected and that an atmosphere conducive to
those ends shall be provided."
Article 5, Section 5.la is a nonmandatory subject of bargaining.
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Issue 7. Article 5 (Academic Freedom and Responsibilities)
Section 5.le:
"To this end the Board shall insure:...e. That the present stock
and future acquisition of the library collection, all teaching and
research materials and all audio-visual materials shall remain
free of censorship , in accordance with the Constitution of the
United States and the Constitution of the State of Connecticut."
Article 5, Section 5.le is a nonmandatory subject of bargaining.
Issue 8. Article 5 (Academic Freedom and Responsibilities)
Section 5.lf:
"To this end the Board shall insure:...f. That the communications
involved in the counselor%ounselee relationship shall be governed
by applicable federal and Connecticut Statutes."
Article 5, Section 5.lf is a nonmandatory subject of bargaining.
Issue 9. Article 5 (Academic Freedom and Responsibilities)
Section 5.19:
"To this end the Board shall insure=. . ..g. That each faculty member
shall have the sole right and authority to determine grades,
except a grade of I shall revert to F according to the college's
catalog lacking any action on the part of the faculty member.
Grades shall not be changed after the close of a term without the
approval of the Vice President/Dean of Instruction.
If due to death, incapacity, or resignation, a faculty member is
unable to give a grade, the grade will be assigned by faculty
members from similar disciplines (in conjunction with the Dean of
Instruction) on the basis of all available evidence of the
student's performance."
Article 5, Section 5.19 is a nonmandatory subject of bargaining.
Issue 10. Article 5 (Academic Freedom and Responsibilities)
Section 5.lh:
"To this end the Board shall insure-. . ..h. That each faculty member
shall have the right, authority, and obligation to determine
textbooks, subject to department approval."
Article 5, Section 5.lh is a nonmandatory subject of bargaining.
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Issue 11. Article 5 (Academic Freedom and Responsibilities)
Section 5.li:
"To this end the Board shall insure:...i. That each faculty member
shall have the right, authority, and obligation to determine teaching
and research methods subject to meeting the objectives of the course
and evaluation by the Department Chairperson and the Dean of
Instruction."
Article 5, Section f.li is a nonmandatory subject of bargaining.
Issue 12. Article 5 (Academic Freedom and Responsibilities)
Section 5.lj:
"To this end the Board shall insure:...j. That each faculty member
shall have the right, authority, and obligation to determine teaching
and research materials, subject to meeting the objective of the course
and evaluation by the Departmental Chairperson and the Dean of
Instruction."
Article 5, Section 5.lj is a nonmandatory subject of bargaining.
Issue 13. Article 5 (Academic Freedom and Responsibilities)
Section 5.lk:
"To this end the Board shall insure*. . ..k. That each faculty member
shall have the right and authority to determine teaching and research
materials, and audio-visual materials subject to applicable budgetary
limitations."
Article 5, Section 5.lk is a nonmandatory subject of bargaining.
Issue 14. Article 5 Academic Freedom and Responsibilities)
Section 5.11:
"?lo this end the Board shall insure:...l. That the content of each
course shall be determined by the department which offers the course,
based upon appropriate input from relevant sources and subject to the
progr-, curricula and course descriptions and objectives approved by
the Board. A copy of each course syllabus/outline shall be placed on
file in the Office of the Dean of Instruction and shall be made
available to students upon request."
Article 5, Section 5.11 is a nonmandatory subject of bargaining.
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Issue 15. Article 8 (Professional Working Conditions)
Section 8.1.1:
. ..The work year shall consist of two semesters (Fall and Spring)
II
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Issue 19. Article 8 (Professional Working Conditions)
Section 8.3.12:
. ..In making a determination regarding the maximum number of
II
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Issue 32. Article 16 (Compensation)
Section 16.1.1:
'The maximum hiring salary shall be thirty-five (35) percent of
the difference between the minimum and maximum salaries added to
the minimum salary."
Article 16, Section 16.1.1 is a mandatory subject of bargaining.
Issue Nos. 33-35 were withdrawn by the parties.
Issue 36. Article 21 (Promotion)
Section 21.1.1:
Candidates for promotion to a higher rank shall be screened by the
Faculty Advisory Promotion Committee for compliance with minimum,
objective qualifications as set forth in Appendix A. If the
requirement of three (3) years industrial experience is waived in
whole or in part when an employee is first hired, such waiver
shall carry forward with respect to the basic qualifications for
promotion, but shall not be applicable to industrial experience
requirements under any equivalent. It is acknowledged that
teaching personnel are no longer required to complete VIE-143,
Teaching of Technical Subjects."
Article 21, Section 21.1.1 is a mandatory subject of bargaining.
Issue 37. Article 21 (Promotion)
Section 21.2.1:
"In granting a promotion to a higher academic rank, the criteria
for ranking eligible candidates and the weights attributed to such
criteria shall be as contained in Appendix A, subject to paragraph
21.2.2. below."
Article 21, Section 21.2.1 is a mandatory subject of bargaining.
Issue 38 was withdrawn by the parties.
Issue 39. Article 22 (Layoffs)
Section 22.2.3.6:
"Notice of Layoffs. The ,Mard shall give at least twelve (12)
months notice of layoff for economic or programmatic reasons.
Such notice does not apply to a bumpee under paragraph 22.2.4
below. "
Article 22, Section 22.2.3.6 is'a mandatory subject of bargaining.
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Issue 40. Article 23 (Pay, Benefits, Responsibilities and Utilization
of Part-Time Faculty in the Day Division)
Section 23.4:
"Part-time faculty who are in the bargaining unit and are
scheduled to teach nine (9) or more contact/credit hours 'shall
schedule at appropriate times at least three (3) regular office
hours per week for consultation with students. Part-time faculty
who are in the bargaining unit and are scheduled to teach 7.0 or
more contact/credit hours, but less than nine (9) contact/credit
hours, shall schedule at appropriate times at least two (2)
regular office hours per week for consultation with students...."
Article 23, Section 23.4 is a mandatory subject of bargaining.
Issue 41. Article 23 (Pay, Benefits, Responsibilities and Utilization
of Part-Time Faculty in the Day Division)
Section 23.5:
"Erosion of the Bargaining Unit. The parties recognize the
Federation's legitimate concern in protecting regular, full-time
employees from displacement by part-time employees. The Board
further agrees, to the extent provided by the next paragraph, that
current regular full-time positions shall not be eroded by
conversion into part-time positions. For the purpose of this
section "current" regular, full-time positions is defined as the
number of full-time positions authorized and funded for the 1982-
83 academic year. Accordingly, work in a specific department
which has been traditionally and consistently performed by regular
full-time employees will not ordinarily be performed by part-time
bargaining unit employees, provided that the foregoing shall apply
only if:
(a) the quality of such work in the department is‘presently and
for the foreseeable future of such a magnitude as to justify, in
the discretion of the Board, the employment of a regular, full-
time employee;
(b) adequate funding is available, in the opinion of the Board, to
fill a regular, full-time position; and
(c) no additional restraints (including, but not restricted to,
limits on the number of approved faculty positions, limits on
position control numbers, or limits on the Board's authority to
fill a position) are advanced by legislative or executive branch
, authorities to preclude such employment.
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If the Board determines that adequate funding is not available,
and conditions of this paragraph are otherwise applicable, the
Board shall sponsor and support the appropriation of supplemental
funds adequate to employ a regular, full-time employee.
Similarly, the Board shall request the removal of restraints
advanced under sub-paragraph (c) above. The use of part-time
employees, including bargaining unit part-time employees and non-
bargaining unit part-time employees will be a continuing subject
of discussion at the labor-management committee meetings.”
Article 23, Section 23.5 is a nonmandatory subject of bargaining,
except that the last sentence of the section, which provides, 'The use
of part-time employees, including bargaining unit part-time employees
and non-bargaining unit part-time employees will be a continuing
subject of discussion at the labor-management committee meetings" is a
mandatory subject of bargaining as it relates to the use of non-
bargaining unit part-time employees.
Issue 42. Article 31 (Academic Departments and Department
Chairpersons)
Section 31.1:
"A department is an academic unit within the college that has the
responsibility and authority for all programs and courses within
an assigned area. Such academic units/areas consist of those
departments as currently exist (September 19, 1984) or developed
in the future. See Appendix B attached."
Article 31, Section 31.1 is a nonmandatory subject of bargaining.
Issue 43. Article 31 (Academic Departments and Department
Chairpersons)
Section 31.2:
'The department chairperson is the representative of the
department. The chairperson shall be selected by a majority of
the full-time regular and/or tenured members of the department.
The results of said selection shall be forwarded to the president
for appointment. If the president finds the selected individual
unacceptable, the president shall meet with department members to
discuss the reasons'for finding the individual unacceptable. If
the president and the department disagree, a second selection
shall be made. If the same individual is selected by the
department and the president does not approve of the results of
that selection, the president shall submit these reasons in
writing to the department.
If no resolution is forthcoming, the incumbent chairperson shall
remain as interim department chairperson. If he/she is unable to
serve, the president shall choose an appropriate individual from
outside the department, to serve as interim chairperson while the
selection process continues. Such interim appointments shall not
continue for more than one (1) semester.
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The chairperson serves for a term of three (3) years and may
succeed himself/herself."
Article .31, Section 31.2 is a nonmandatory subject of bargaining.
Issue 44. Article 31 (Academic Departments and Department
Chairpersons)
Section 31.3:
"1 . Hold regular departmental meetings at least once per
semester.
2. Develop departmental budgets.
3. Administer the department in a manner which fosters open
communication with and between all faculty members.
4. Organize departmental consnittees, when necessary, for the
development and operation of the department.
5. Encourage faculty members to develop innovative teaching
techniques, review department course offerings, and make
recommendations to the appropriate college connnittee for new
and/or revised courses or curricula.
6. In concert with the Dean of Instruction, participate in the
identification and review of candidates for vacancies in the
department by recommending suitable individuals for full, part-
time, temporary, and overload appointments in accordance with
affirmative action procedures.
7. Determine faculty assignments and recommend term schedules in
concert with the dean of instruction.
8. Confer with students as appropriate.
9. Confer with department members regarding texts to be used and
submit publication data to the.dean of instruction.
10. Orient faculty members to department policies and procedures.
11. Consult with the librarian regarding library holdings and
make recorsnendations for additions and/or deletions.
12. Furnish the director of admissions with the department's
recorrunended entrance and transfer requirements and admission
criteria.
13. Maintain liaison with the business and industrial community,
by meeting with the program advisory connnittee.
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14. Provide appropriate information to the dean of instruction
for use in publicizing departmental activities.
15. Conduct evaluations of department members consistent with
procedures presently existing as outlined in Article 11 of the
bargaining agreement.
16. Supervise the departmental technical equipment inventory
process.
17. Confers [sic] with members of the department to determine the
size of classes and laboratories and the number of sections of
each in accordance with Article 8.12."
Article 31, Section 31.3 is a nonmandatory subject of bargaining.
Issue 45. Article 31 (Academic Departments and Department
Chairpersons)
Section 31.4:
. ..Effective July 3, 1986, Fire Technology at Hartford, Norwalk,
t1
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Issue 47. Article 31 (Academic Departments and Department
Chairpersons)
Section 31.5:
'The implementation of this agreement concerning the added duties
and responsibilities of department chairpersons shall not result
in the reduction of any sections historically offered by the
department, any increase in class or laboratory sizes and/or any
reduction of faculty positions."
Article 31, Section 31.5 is a nonmandatory subject of bargaining.
Issue 48. Article 31 (Academic Departments and Department
Chairpersons)
Section 31.5.1:
'The Evening Division departmental activities shall be performed
by the Department chairperson or departmental designee. If a
designee is selected, said designee shall report to the department
chairperson.
The professional working conditions shall be:
A . Work Year: Two (2) sixteen (16) week semesters in the
academic year.
B. Work Week: Monday, Tuesday, Wednesday, and Thursday.
C. Work Day and Work Hours: Shall be assigned by the department
chairperson, shall not be less than two (2) hours in any one work
day.
D. The summer school as regards these departmental duties [and]
responsibilities is excluded from this agreement."
Article 31, Section 31.5.1 is a mandatory subject of bargaining.
Issue 49. Article 31 (Academic Departments and Department
Chairpersons)
Section 31.7:
OPERATINGPROCEDURES
In order to facilitate the smooth coordination between academic
departments and the administrative process necessary to conduct
the department's business within the college structure, written
procedures shall be developed, if they do not already exist, by
the college's administration in concert with the department
chairpersons. Upon request of a president, dean of instruction,
or a department chairperson, these procedures shall be reviewed
for clarity, efficiency, and practicability.
Article 31, Section 31.7 is a nonmandatory subject of bargaining.
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.
APPENDIX A
REVISED POLICIES AND PROCEDURES
FOR RANKING AND PmOTION
OF STATETECHNICAL COLLEGE FACULTY
Note: The earned Doctor's Degree, Master's Degree plus 30 semester hours or
the earned Master's Degree may be in the field of Education, the field of
Specialization, or combination thereof.
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V. Equivalents
Title of Position Basis Equivalents
Professor
a.b.c.
For a., Earned Doctor's Degree
1. Master's Degree + 30 S.H. + special qualifications*
2. Master's Degree + 30 S.H. + 3 Years of approved Industrial Experience
Experience
3. Master's Degree + Professional Engineer's License + 3 Years
Industrial Experience
4. Master's Degree + 6 Years of Industrial Experience
5. No Substitution for Master's Degree
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APPJZNDIXB
(Annualized 1983-84 AY)
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,
APPENDIXE
SIDE LETTER (Bumping Same Department)
It is understood and agreed that the term "Same Department" used in Layoff,
Article 22, item 4 (Bumping: a - Same Department) - shall be construed and
used in accordance with the following:
Same Program Locations
Programs GNHS'IC HSTC NSTC-Tvsx WSTC
Architectural Technology X
Architectural Engineering Technology X
Automotive Management Technology X
Aviation Maintenance X
Biomedical Engineering Technology X
Chemical Technology X
Chemical Engineering Technology X X X
Civil Engineering Technology X x* x* X*
Data Processing Technology X X X X X
Electrical Engineering Technology X X X X X
Electromechanical Engineering Technology X
Fire Technology and Administration X X* x* x* X*
Graphic Communications Technology X
Industrial Management Technology X X* X X*
Manufacturing Engineering Technology X X . X X X
Material Engineering Technology X
Mechanical Engineering Technology X X X X X
Nuclear Engineering Technology x**
Numerical Control Technology (xl
() Program currently under
consideration for licensure.
* Evening Program only
** No longer affected
Further, same department in the area of General Studies equates as follows:
Math/Science
Hartford Math 3
Physics/Natural Science/Chemistry 1
New Haven No formal department
Norwalk Math/Science 2
Thames Valley Math/Science 2
Waterbury M a t h 3
Science 3
Humanities
Hartford Liberal Arts Department
New Haven No formal department .
Norwalk Academic Department
Thames Val 1 ey Humanities Department
Waterbury Humanities Department
1 Taught by Chemical Technology faculty
2 Combined department
3 Separate department
Board of Trustees for State Technical Federation of Technical Colleges
Colleges Teachers, Local 1942, AFT, AFL-CIO
Dated: Dated:
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Appendicies B and E are mandatory subjects of bargaining, but may not
restrict the institution in its ability to reorganize.
By s/Patricia V. Low
Patricia V. Low, Chairman
s/Susan R. Meredith
Susan R. Meredith
TO:
Brian Doyle, Esq. CEKCIFIED (RRR)
Ferguson and Doyle
1783 Wilbur Cross Parkway
Berlin, Ct. 06037
Dennis Bcgusky, President
Local 1942, Fed. of Technical College Teachers
4805 Main Street
Stratford, Ct. 06497
Jay E. Bovilsky, Esq. CERTIFIED (RRR)
Currrmings and Lockwood
City Place
Hartford, Ct. 06103
Jackson Foley, Personnel Director
Board of Trustees for Regional Community
Colleges and State Technical Colleges
61 Woodland Street
Hartford, Ct. 06105
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